Vorster, in handing down the judgment ruled that the necessary public consultation had in fact taken place, said the matter of financing of the project did not require the consent of the public.

Nazir Alli, chief executive of the defendant, the South African National Roads Agency Limited (Sanral), said he hoped the public would now respect the court's decision.

Outa chairperson Wayne Duvenage said he was very disappointed but said this would not be the end of the battle and urged motorists not to buy e-tags.

The tolling system requires commuters to fit an e-tag that will monitor each time they pass a gantry on the highway and be charged electronically. Vehicles without an e-tag will have their licence plates monitored and billed for their journeys. If people refuse to pay their bill, they will be barred from renewing their vehicle licenses until all outstanding fees have been paid. – Additional reporting by Sapa